Delhi HC orders release of seized old cars if owners meet set conditions
(This story originally appeared in on Aug 23, 2023)
NEW DELHI: Striking a balance between ownership rights and anti-pollution measures, the Delhi high court Tuesday ordered the release of «end of life» vehicles seized for scrapping under two conditions while imposing several riders.
Hearing petitions by owners who claimed that their vehicles (more than 10-year-old diesel or over 15-year-old petrol) were sent for scrapping without any notice, Justice Prateek Jalan asked the transport department to release these vehicles if owners gave necessary undertakings.
«In the present batch of cases, vehicles have been seized while parked in public places on the understanding that parked vehicles are 'deemed to be plying'… There is controversy on whether vehicles parked in public space — particularly on streets proximate to owners' residences — can be covered within the definition of 'plying',» the court observed.
The HC said the intention of the ban on end-of-life vehicles was not to scrap the cars but to ensure that the capital is pollution free.
You aren’t a schoolteacher, HC raps transport official
Delhi High Court on Tuesday said there was «dissonance» between the stand of the Delhi government and a senior transport official over the scrapping of parked end-of-life vehicles and termed this «unfortunate».
Justice Prateek Jalan said that the order by the transport commissioner on the seizure of such vehicles was «misconceived» and directed the government to frame a policy for the release of the vehicles. «Is impounding necessary when cars are being taken out of the city? Does the commissioner have power to issue such a direction? You don't have authority to do so. There is no legal standing to this. It is completely illegal,» he
